(e)
"collective agreement" means a written agreement entered into under this Act between the employer and a bargaining agent containing provisions respecting rates of pay and working conditions for the employees in a unit, and which binds the employer, the bargaining agent and the employees in the unit;

(f)
"collective bargaining" means negotiation with a view to the conclusion of a collective agreement or the renewal or revision of a collective agreement;

(g)
"conciliation board" means a conciliation board appointed by the minister under section 19;

(h)
"conciliation officer" means a person appointed by the minister under section 16;

(i)
"employee" means a person employed by

(i)
the government of the province,

(ii)
an agency, board, commission, corporation or other body that may be designated by the Lieutenant-Governor in Council, and paid a wage or salary in whole or in part from money voted by the Legislature,

(iii)
a Crown corporation, within the meaning of the Crown Corporations Local Taxation Act,
that may be designated by the Lieutenant-Governor in Council,

(iv)
the Board of Commissioners of Public Utilities referred to in the Public Utilities Act,

(v)
the Workers' Compensation Board referred to in the Workers' Compensation Act,

(vi)
[Rep. by 1994 c11 s6] or

(vii)
a regional health authority established under the Regional Health Authorities Act
,

but does not include a person

(viii)
who is employed in a position confidential to the Lieutenant-Governor, a minister of the Crown, a judge of the Court of Appeal or a judge of the Trial Division, a Provincial Court judge, the deputy, associate deputy or assistant deputy head of a department of government or a chairperson or chief executive officer of a government board, commission or agency,

(ix)
who is employed as a solicitor in the Department of Justice or as a legislative counsel in the Office of the Legislative Counsel,

(x)
who is employed as an officer or staff member of the House of Assembly,

(xi)
who is employed in the Executive Council, except

(A)
persons employed in the establishment of the Lieutenant Governor, and

(B)
persons employed in the Office of the Chief Information Officer or the Human Resource Secretariat who, immediately prior to their transfer to that office or secretariat, were members of a unit, while they continue to hold the positions they held immediately prior to their transfer or while they hold another position held by another person in the unit who had been transferred at the same time, provided the position has not at any time since the transfer been held by a person other than a member of a unit,

(xi.1)
who is employed in the Office of the Chief Electoral Officer,

(xii)
who is employed in an employment opportunity program administered by a department of the government of the province for which money is provided by the government of the province, the Government of Canada or both governments,

(xiii)
who is employed as a manager or supervisor or who, in the opinion of the board, exercises management or supervisory functions,

(xiv)
who, in the opinion of the board, is employed in a confidential capacity in matters relating to labour relations, or

(xv)
who, in the opinion of the board, provides advice to the employer in relation to the development or administration of policies or programs;

(j)
"employee organization" means a local or provincial organization or association of employees, or a local or provincial branch of a national or international organization or association of employees within the province and that has as one of its purposes the regulation in the province of relations between employers and employees through collective bargaining, but does not include an organization or association of employees that is dominated or influenced by an employer;

(k)
"employer" means an employer of an employee;

(l)
"essential employee" has the meaning assigned to it by subsection 10(13);

(m)
"government negotiator" means the President of the Treasury Board established in accordance with the Financial Administration Act,
or another person authorized by him or her to bargain collectively under his or her control and supervision on behalf of the employer;

(n)
"judgment" means a judgment of an adjudication board;

(o)
"minister" means the minister appointed under the Executive Council Act
to administer this Act;

(p)
"strike" includes a cessation of work, a refusal to work or to continue to work or a withdrawal of services, by employees in combination or in concert or in accordance with a common understanding; and

(q)
"unit" means a group of employees that is recognized by the board, in accordance with this Act, as being appropriate for collective bargaining.

(2)
A person does not cease to be an employee within the meaning of this Act by reason only of that person ceasing to work as the result of a strike or lock-out within his or her bargaining unit or by reason only of dismissal contrary to this Act.

5.
(1) An employer or person acting on behalf of an employer shall not participate in or interfere with the selection, formation or administration of an employee organization or contribute financial or other support to it, but the employer may permit an employee or representative of an employee organization

(a)
to confer with the employer during working hours; and

(b)
to attend to the business of the employee organization during working hours,

without deduction of time so occupied in the calculation of the time worked for the employer and without deduction of wages in respect of the time so occupied.

(2)
The employer or a person acting on behalf of the employer shall not

(a)
refuse to employ or to continue to employ a person, or otherwise discriminate against a person, in regard to employment or a term or condition of employment because the person is a member of an employee organization; or

(b)
impose conditions in a contract of employment, take action or do anything seeking to restrain or prevent an employee from being or becoming a member, officer or representative of an employee organization, or from exercising his or her rights under this Act.

(3)
An employee organization, a person acting on its behalf or another person shall not use coercion or intimidation with a view to encouraging or discouraging membership in or activity in or for an employee organization.

(4)
Except with the consent of the employer, an employee organization, or a person acting on its behalf, shall not attempt, on the employer's premises during the working hours of an employee, to persuade that employee to become or refrain from becoming or continuing to be a member of an employee organization.

(5)
Nothing in this Act shall be construed to affect the right or authority of the employer to suspend, transfer, lay off, discharge or otherwise discipline an employee for proper and sufficient cause.

6.
(1) An employee organization, having as members in good standing a majority of the employees in a unit, may, subject to the rules of the board and in accordance with this section, apply to the board to be certified as bargaining agent for that unit.

(2)
Where a collective agreement is not in force and a bargaining agent is not certified under this Act for the unit, the application may be made at any time.

(3)
Where a collective agreement is not in force but a bargaining agent is certified under this Act for the unit, the application may only be made after the expiry of 12 months from the date of certification of that bargaining agent, and not before, except with the prior consent of the board.

(4)
Where a collective agreement is in force, the application may be made after the expiry of 10 months of the term of the collective agreement, and not before, except with the prior consent of the board.

7.
(1) Where an employee organization applies for certification under section 6, the board shall determine whether the group of employees, in respect of which the application is made, is appropriate for recognition as a unit and may, before certification, where it considers it appropriate to do so, include additional employees in or exclude employees from the group or may refuse the application on the grounds that the group is not appropriate for collective bargaining.

(2)
Where, as a result of an application for certification under section 6, the board determines that a group of employees is appropriate for recognition as a unit, the board shall take the steps that it considers appropriate to determine the wishes of the employees in the unit as to the selection of a bargaining agent to act on their behalf, and where

(a)
the board is satisfied that the majority of the employees in the unit are members in good standing of the employee organization; or

(b)
as a result of a vote of the employees in the unit, the board is satisfied that a majority of them have selected the employee organization to be a bargaining agent on their behalf,

the board may certify the employee organization as the bargaining agent for the unit.

(3)
Without limitation of the powers conferred on the board under the Labour Relations Act,
the board may, for the purposes of determining an application for certification under section 6, make the inquiries that it considers necessary, including examination of records, the holding of hearings or the taking of votes of employees in the unit that it considers expedient, and the nature of the evidence to be provided to the board.

(4)
An employee organization the administration, management or policy of which is not, in the opinion of the board,

(a)
influenced by an employer so that its fitness to represent employees for the purpose of collective bargaining is impaired; or

(b)
dominated by the employer,

shall be certified as a bargaining agent.

(5)
When an employer receives written notice from the board that an employee organization has applied for certification under section 6 in respect of its employees, the employer shall not, afterward

(a)
without the consent of the board; or

(b)
unless a collective agreement is made which is binding on those employees in respect of which the application is made,

alter rates of wages or other terms or conditions of employment of those employees, until the application has been granted, refused or withdrawn.

8.
Where an employee organization is certified under this Act as the bargaining agent for a unit

(a)
that bargaining agent shall immediately replace another bargaining agent for employees in the unit and shall have exclusive authority to bargain collectively on behalf of all employees in the unit and to bind them by a collective agreement until the certification of the bargaining agent is revoked;

(b)
a prior certification to another bargaining agent in respect of employees in the unit shall be considered to be revoked; and

(c)
if, at the time of certification, a collective agreement is in force in respect of employees in the unit, the bargaining agent certified shall be substituted as a party to that agreement.

9.
(1) All bargaining agents for employees to whom this Act applies, and who are certified or recognized before October 30, 1973
, shall be considered to be bargaining agents certified under this Act and shall be subject to the provisions of this Act.

(2)
All collective agreements governing employees to whom this Act applies, in effect on October 30, 1973
, shall be considered to be collective agreements for the purpose of this Act.

10.
(1) Upon certification of a bargaining agent, or afterward, the employer of employees in the unit may or, where ordered to by the board upon an application being made to the board by the bargaining agent, shall provide the board and the bargaining agent with a written statement of the number of employees in each classification in the unit represented by the bargaining agent who are considered by the employer to be essential employees.

(2)
Where no objection to the statement referred to in subsection (1) is filed with the board by the bargaining agent within the time after the receipt of the statement by the bargaining agent that the board may prescribe, the number of employees in each classification specified in the statement shall be considered to be the number of essential employees for the purpose of this Act and the chairperson shall so inform the bargaining agent by written notice.

(3)
Where an objection to the statement referred to in subsection (1) is filed with the board by the bargaining agent within the time after the receipt of the statement by the bargaining agent that the board may prescribe, the board, after considering the objection and giving the bargaining agent and the employer an opportunity to make representations, and to be heard, where it believes it is appropriate for them to be heard, shall determine the number of employees in each classification specified in the statement who are essential employees for the purpose of this Act, but the number of employees determined to be essential by the board shall not exceed the number contained in the statement referred to in subsection (1).

(4)
The board may, at any time, amend a determination made under subsection (3), and the provisions of that subsection relating to representation and hearing shall apply for an amendment as it applies for a determination.

(5)
A determination or amendment made by the board under this section shall be communicated in writing by the chairperson to the bargaining agent and the employer not later than 30 days after the determination or amendment is made.

(6)
Where a majority of the employees in a unit are considered or determined to be essential employees under this section, every employee within the unit shall be considered to be an essential employee for the purpose of this Act if the bargaining agent so advises the employer and the board.

(7)
Where employees are considered to be essential under subsection (2) or determined by the board to be essential under subsection (3), the employer shall name the employees in the unit who are essential, but the number of employees named shall not exceed the number considered to be essential under subsection (2) or determined by the board to be essential under subsection (3).

(8)
The employer may substitute the name of an employee who is essential for the name of another employee who is essential but the number of employees named shall not exceed the number considered to be essential under subsection (2) or determined by the board to be essential under subsection (3).

(9)
The employer shall notify in writing the bargaining agent and each employee in the bargaining unit named by the employer as an essential employee that he or she has been named as an essential employee.

(10)
An employee named by the employer as an essential employee shall report for work as if a strike were not taking place.

(11)
Where an employee named by the employer as an essential employee does not report for work as required under subsection (10), the employer shall immediately terminate the employment of that employee, unless the employer is satisfied that there are reasonable grounds for the employee not so reporting.

(12)
Notwithstanding sections 25 and 26, a bargaining agent shall not take a strike vote and an employee in the unit shall not strike or participate in a strike until the employer and the bargaining agent have agreed on or the board has determined under this section the number of employees in each classification in the unit represented by the bargaining agent who are essential employees for the purpose of this Act.

(13)
In this section "essential employee" means one of a number of employees whose duties consist in whole or in part of duties the performance of which at a particular time or during a specified period of time is or may be necessary for the health, safety or security of the public.

(14)
This section does not apply to the following bargaining units for which a bargaining agent has been certified or for which a bargaining agent has been voluntarily recognized by the employer:

(a)
the bargaining unit comprised of employees in the establishment of the Lieutenant-Governor;

(b)
the bargaining unit comprised of instructors in vocational schools, the Cabot Institute, the WesternCommunity College
and adult and continuing education centres;

(c)
the bargaining unit comprised of employees of the Provincial Public Libraries Board;

(d)
the bargaining unit comprised of employees of the Newfoundland
and Labrador Liquor Corporation;

(e)
the bargaining unit comprised of members of the faculty of the Marine Institute;

(f)
the bargaining unit comprised of employees, other than members of the faculty, of the Marine Institute;

(g)
the bargaining unit comprised of employees of the Workers' Compensation Commission;

(h)
the bargaining unit comprised of employees, other than instructors, of the Cabot Institute; and

11.
(1) Where, following investigation, and after a hearing, if one is requested by a party having an interest, and the board considers it appropriate to hold one, the board is of the opinion that a bargaining agent no longer represents a majority of the employees in the unit, or for which it acts as bargaining agent, it may, on its own motion, or upon application by a party having an interest,

(a)
revoke the certification of the bargaining agent; or

(b)
if the bargaining agent was voluntarily recognized by the employer, terminate the bargaining rights of the bargaining agent,

and the employer shall not be required to bargain collectively with the employee organization whose certification is revoked or bargaining rights are terminated, but nothing in this subsection shall prevent the employee organization from making an application under section 6 at any time after the revocation or termination.

(2)
The board may, but shall not be required to, accept or decide upon an application to revoke the certification of a bargaining agent under subsection (1) within the period of 6 months immediately following

(a)
the date of certification of that bargaining agent;

(b)
the date when a previous application to revoke the certification of that bargaining agent was refused; or

(c)
the date when that bargaining agent by notice under paragraph 13(a) required the employer to start collective bargaining.

12.
The government negotiator shall act on behalf of an employer in collective bargaining and may be accompanied in those negotiations by the advisors, officers of the government and representatives of employers that the government negotiator considers appropriate to appoint.

14.
(1) Within a period of not more than 60 and not less than 30 days immediately before the date of expiration of the term of a collective agreement or a judgment, either party to the collective agreement or affected by the judgment may by written notice require the other party to start collective bargaining with a view to the renewal or revision of an existing collective agreement or the conclusion of a new collective agreement.

(2)
Where a collective agreement provides for a period of notice to start collective bargaining that is different from the period provided for in subsection (1), the provision in the collective agreement shall apply.

15.
Where notice to start collective bargaining is given under section 13 or 14

(a)
the bargaining agent and the government negotiator shall, without delay, and within 30 days after the notice is given, or within the further time that the parties may agree, meet and start to bargain collectively in good faith and make a reasonable effort to conclude a collective agreement or to renew or revise an existing collective agreement;

(b)
the employer shall not, without the consent of an employee within the unit affected and the bargaining agent, alter rates of wages or other terms or conditions of employment of the employee in the unit until

(i)
a collective agreement is concluded,

(ii)
a judgment is given, or

(iii)
a conciliation board has made a report to the minister and 20 days have elapsed after the report is received by the minister

whichever first occurs, or

(iv)
the minister advises the parties that he or she has decided not to appoint a conciliation board.

(a)
notice to start collective bargaining is given under section 13 or 14;

(b)
collective bargaining is not started in accordance with section 15 or, if started, the parties are unable to conclude a collective agreement;

(c)
either party requests the minister in writing to appoint a conciliation officer to confer with the parties to assist them to conclude a collective agreement or a renewal or revision of a collective agreement; and

(d)
a request under paragraph (1)(c) is accompanied by a statement of the difficulties that have been encountered before the beginning or during the course of the collective bargaining or in another case in which, in the opinion of the minister, it is advisable to do so,

the minister may appoint 1 or more conciliation officers to confer with the parties engaged in collective bargaining.

(2)
A conciliation officer shall not be required to give in evidence before a court, board, commission, conciliation board or other body information that he or she has received in the course of duty as a conciliation officer.

17.
Where a conciliation officer is appointed under section 16, he or she shall, within 14 days after being so appointed or within a longer period that the minister may allow, make a report to the minister setting out

18.
(1) The minister may, after notice to start collective bargaining has been given under this Act, appoint a person, whether or not that person is an employee in the public service, as a mediator to confer with the parties to the collective bargaining, if the minister is of the opinion that the appointment is likely to contribute to more harmonious labour relations between the parties.

(2)
Where the minister receives a request to appoint a conciliation board, the minister may, before making a decision with respect to the appointment of a conciliation board, appoint a person within or outside the public service as a mediator.

(3)
Where the minister appoints a mediator after a conciliation officer has been appointed under section 16, the appointment of the conciliation officer is terminated.

(4)
Subsections 19(8) and (9) and sections 21, 22 and 23 apply, with the necessary changes, to and in respect of a mediator appointed under this section as if he or she were a conciliation board.

(5)
Where in respect of a dispute the conditions prescribed in sections 25 and 26 have been fulfilled and the dispute has not been settled or at another time, the minister may appoint as a mediator a person, whether or not that person is an employee in the public service, who shall attempt to settle a difference between the parties to the dispute and make a report within the time that the minister may prescribe in his or her appointment.

19.
(1) Upon the written request by the bargaining agent or the government negotiator, or where it appears to the minister that the parties are not able to agree upon the terms of a collective agreement, the minister may appoint a conciliation board consisting of 3 members to inquire into the dispute, report on the facts and make recommendations for the settlement of the dispute.

(2)
Where the minister exercises his or her election to appoint a conciliation board, he or she shall immediately, by written notice, require each of the parties, within 7 days after receipt of the notice, to nominate 1 person to be a member of the conciliation board, and upon receipt of the nominations by each party, the minister shall immediately appoint both those persons as members of the conciliation board.

(3)
Where either of the parties, to whom notice is given under subsection (2), fails or neglects to nominate a person within the time required by that subsection, the minister shall appoint as a member of the conciliation board a person he or she considers appropriate for that purpose and the member shall be considered to be appointed following the recommendation of the party who failed or neglected to nominate a person.

(4)
The 2 members appointed under subsection (2) or (3) shall, within 5 days after the date on which the 2nd of them is appointed, nominate a 3rd person to be a member and chairperson of the conciliation board, and the minister shall appoint that person as member and chairperson of the conciliation board.

(5)
Where the 2 members appointed under subsection (2) or (3) fail or neglect to make a nomination within the time required by subsection (4), the minister shall immediately appoint, as the 3rd member and chairperson of the conciliation board, a person he or she considers appropriate for that purpose.

(6)
When a conciliation board is appointed, the minister shall immediately notify in writing the government negotiator, bargaining agent and the employer of the names of the members of the board, and that notification shall be conclusive proof of the appointment of the conciliation board and of the members of the board.

(7)
A person who

(a)
has a monetary interest in the matter referred to the conciliation board;

(b)
is acting or has, within a period of 6 months before the date of his or her nomination, acted in the capacity of counsel or paid agent of either of the parties; or

(c)
holds an office or employment with the employer or is a member or officer of the bargaining agent,

shall not be appointed to or act as a member of a conciliation board.

(8)
Each member of a conciliation board shall, before taking office, file with the minister an oath or affirmation in the following form:

"I solemnly swear (affirm) that I will faithfully, truly and impartially, to the best of my knowledge, skill and ability execute and perform the office of member of the conciliation board appointed to ............................................................... and will not, except in the discharge of my duties, disclose to a person the evidence or other matters brought before the board." (Where an oath is taken, add "So help me God".).

(9)
A member of a conciliation board has, in relation to the hearing or determination of a matter that a conciliation board may hear or determine, all the powers that are or may be conferred upon a commission under the Public Inquiries Act.

20.
(1) The minister may defer the consideration of a request for the appointment of a conciliation board until after he or she appoints a conciliation officer or mediator to deal with a dispute and the officer or mediator makes his or her report to the minister.

(2)
Notwithstanding section 25, where the minister defers consideration of a request for the appointment of a conciliation board until after he or she receives the report of the conciliation officer or mediator appointed in the case, the period within which the minister must decide whether or not to appoint a board does not start until the date the minister receives the conciliation officer's or mediator's report under section 17 or 18.

21.
(1) Where, in the opinion of the minister, a member of a conciliation board unduly or unnecessarily defers or delays or attempts to defer or delay the proceedings of a conciliation board in relation to the hearing or determination of a matter pending before the conciliation board, the minister may remove that member of the board and shall appoint a member in his or her place, but only after complying with the provisions of section 19 respecting the obtaining of a nomination from a party or from the other members of the conciliation board, and the making of an appointment.

(2)
Where a person stops being or is unable to continue as a member of a conciliation board, the minister shall appoint another member to act in his or her place in the manner provided in subsection (1).

22.
(1) Following the appointment of a conciliation board, the minister shall immediately refer to it a statement of the matters in dispute together with the documents or submissions in his or her possession that will assist the conciliation board in reaching a decision on the reference and may, before the conciliation board makes its report, amend or add to the statement of matters.

(2)
A conciliation board shall use its best efforts to bring about agreement between the parties in relation to the matters set out in the statement referred to it under subsection (1) for the purposes of the conclusion of a collective agreement.

23.
(1) Except as otherwise provided in this Act, a conciliation board shall determine its own procedure, but shall give full opportunity to the parties to the dispute to present evidence and make representations.

(2)
The chairperson of the conciliation board shall, after consultation with the other members, fix the time and place of hearings and shall notify the parties as to the time and place so fixed.

(3)
The chairperson of the conciliation board and 1 other member constitute a quorum, but in the absence of a member at a sitting of the conciliation board, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

(4)
The decision of a majority of the members present at a sitting of a conciliation board is the decision of the board, but where there is no majority decision, the decision of the chairperson is the decision of the conciliation board.

(5)
The chairperson shall

(a)
forward to the minister a report of the findings and recommendations of the conciliation board in writing within 14 days after the receipt by it of the statement referred to in subsection 22(1), or within a longer period that may be agreed upon by the parties; and

(b)
file with the minister all documents, or copies of documents, and exhibits received in evidence during the proceedings, other than the exhibits that may have been returned to a party to the proceedings at the request of that party.

(6)
The minister, upon the request of either of the parties and within 7 days after that request, may direct the conciliation board to reconsider, clarify or amplify the report made under subsection (5), and the report of the conciliation board shall not be considered to be received by the minister until the matters raised in the direction made under this subsection are agreed upon by the conciliation board.

24.
(1) On receipt of the report of a conciliation board, the minister shall immediately send a copy to each party to the proceedings before the conciliation board, and the minister may publish the report in the manner that he or she considers appropriate.

(2)
Each party to whom a copy of a report is sent under subsection (1) shall, within 10 days after the date on which the party receives a copy of the report, notify the minister in writing which of the recommendations in the report are accepted or rejected.

25.
Where the parties to collective bargaining are unable to conclude a collective agreement, the bargaining agent shall not take a strike vote of the employees in the unit or declare or authorize a strike of those employees, and an employee in the unit shall not strike or participate in a strike, until 14 days elapse from the date

(a)
on which the report of a conciliation board is received by the minister; or

(b)
the minister receives a written request under subsection 19(1) to appoint a conciliation board, and no notice under subsection (2) of that section is given by the minister.

(a)
unless a majority of the employees in the unit actually voting votes by secret ballot in favour of a strike, having been notified by the bargaining agent as to the time and place of the voting; and

(b)
until 7 days have elapsed from the date on which the bargaining agent has given written notice to the minister that a majority of the employees in the unit has so voted.

(2)
Where less than a majority of the employees in the unit votes in favour of a strike, either party may by written notice to the other party request the resumption of collective bargaining.

27.
(1) A strike shall not be taken by an employee employed in a health service institution

(a)
unless a majority of the employees in the unit actually voting votes by secret ballot in favour of a strike, having been notified by the bargaining agent as to the time and place of the voting; and

(b)
until 7 days have elapsed from the date on which the bargaining agent has given written notice to the minister that a majority of the employees in the unit has so voted and the date on which the strike will start.

(2)
Where notice is given to the minister under paragraph (1)(b) and the employees in the unit do not strike on the date specified in the notice for the strike, an employee in that unit shall not strike until 1 month from the date indicated in that notice for the strike and then only if a written notice of a 2nd or subsequent proposed date on which the strike will start has been given to the minister at least 7 days before the 2nd or subsequent proposed date.

(3)
No more than 1 notice referred to in subsection (2) shall be given in a 1 month period.

(4)
An employee employed in a health service institution shall not, pursuant to any 1 strike vote, strike or participate in a strike

(a)
on a rotating basis; or

(b)
otherwise than during 1 continuous period.

(5)
For the purposes of this section, "a strike on a rotating basis" means a strike by 1 member of a bargaining unit in succession to another member of the unit but it does not include a strike by 1 member in succession to another where because of the member's work schedule with the employer that member had not had an opportunity to participate in that strike.

(6)
For the purpose of this section, "health service institution" means an institution relating to the health service and care of persons, including a hospital, an institution for the care of the aged and infirm or for the care of physically or socially handicapped persons, that the Lieutenant-Governor in Council may by regulation prescribe.

29.
A bargaining agent or employee organization or officer or representative of the agent or organization or another person shall not encourage, declare, authorize or procure a strike of employees or participation by employees in a strike that would contravene this Act.

30.
(1) Where the House of Assembly resolves that a strike of employees is or would be injurious to the health or safety of persons or a group or class of persons, or the security of the province, it may declare that, from and after the date stated in the resolution, a state of emergency exists and forbid the strike of all employees in a unit specified in the resolution, and may order the employees of the unit to return to duty either immediately upon publication of the resolution in the Gazette
or at a later time that may be stated in the resolution.

(2)
An employee, to whom an order made under subsection (1) applies, who fails to return to duty within the time stated in the order is guilty of an offence under this Act.

31.
(1) Where, by this Act, an employee is prohibited from striking or participating in a strike, the employer shall not close the place of employment to the employee, or dismiss, or suspend the employee from work, or otherwise refuse to continue to employ the employee for the purpose of compelling the employee, or helping another employer to compel his or her employees, to agree to terms and conditions of employment.

(2)
Subsection (1) shall not apply in the case of prohibition from striking or participating in a strike by reason only of unreasonable delay in taking the vote by secret ballot or by giving the notice referred to in paragraphs 26(1)(a) and (b).

(a)
the House of Assembly resolves that a state of emergency exists under section 30; or

(b)
all employees in a unit are considered because of subsection 10(6) to be essential employees, and 14 days elapse from occurrence of either of the events specified in paragraphs 25(a) and (b),

the chairperson of the board shall immediately, by written notice to the employer and the bargaining agent, order that the matters in dispute between them be referred immediately to adjudication.

(2)
Each party to whom notice is given under subsection (1) shall, within 7 days after receipt of the notice, advise the chairperson of the board by written notice of

(a)
all the matters in dispute, with proposals towards settlement of the matters; and

(b)
the name of a person to act as a member of the adjudication board.

(3)
Upon receipt of each nomination referred to in paragraph (2)(b), the chairperson shall immediately appoint the persons nominated as members of the adjudication board.

(4)
Subsections 19(3) to (9) inclusive, sections 21 and 22 and subsections 23(1) to (4) inclusive and subsection 23(6) shall apply with the necessary changes to the rights, obligations and privileges of the chairperson of the board and the parties, and to the appointment to and powers, duties, limitations and decisions of an adjudication board and the chairperson and members of an adjudication board, as they apply in those provisions to the rights, obligations and privileges of the minister and the parties, and to the appointment to and powers, duties, limitation and decisions of a conciliation board and to the members and chairman of a conciliation board.

(5)
Each party who is required to name a member of the adjudication board shall pay the remuneration and expenses of that member and the parties shall pay equally the remuneration and expenses of the chairperson.

33.
(1) The adjudication board shall consider the matters in dispute together with the other matters which it considers to be incidental to the disputed matters as soon as possible after the reference to it of those matters and give judgment within 45 days after the reference or within a later time, which shall not exceed 90 days from the date of the reference, that the chairperson of the adjudication board may determine, but in giving a judgment, the adjudication board shall take into account

(a)
the health, safety and interests of the public;

(b)
the terms and conditions of employment of employees in occupations similar to those being considered, whether or not the employees are employees to which this Act applies, account being taken of the geographic, industrial, economic, social and other variations that the adjudication board considers relevant;

(c)
the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the service provided;

(d)
the needs of the employer for qualified employees; and

(e)
other matters that appear to the adjudication board to have a relevant bearing to the matters in dispute.

(2)
Where, before judgment, the parties reach agreement on a matter in dispute referred to it for adjudication and enter into a collective agreement in respect of it, the matter shall be considered to have been withdrawn from the reference and a judgment shall not be given by the adjudication board in respect of that matter.

(3)
A judgment shall relate only to the matters referred to it by the chairperson of the board and shall not relate to salaries, wages and other terms and conditions of employment of employees who are not in the unit in respect of which the reference is made.

34.
(1) The chairperson of the adjudication board shall sign the judgment and shall transmit copies of it to the parties to the dispute and to the chairperson of the board.

(2)
An adjudication board shall use its best efforts in the preparation of a judgment that the terms of it are in a form to permit it to be read and interpreted with or annexed to a collective agreement in force containing the other terms and conditions of employment of the employees in the unit in respect of which the judgment relates, and so as to enable proper implementation of the judgment by incorporation into the laws, regulations, by-laws, directions or other instruments, whether statutory or otherwise, that may be required to be made or effected in order to comply with the terms of the judgment.

35.
(1) A judgment is binding on the employer, the bargaining agent and on the employees in the unit and, unless the judgment provides for retroactivity as provided in subsection (2), effective from the date on which the judgment is given or a later date that may be stated in the judgment.

(2)
A judgment respecting terms or conditions of employment of employees in the unit may specify that any or all the terms and conditions shall have retroactive effect to a date not earlier than the date on which notice to start collective bargaining was given under section 13 or 14.

(3)
Where any or all of the provisions of a judgment conflict with the terms of an earlier judgment affecting the parties, the provisions of the judgment shall prevail for the term determined in accordance with section 36 for which the judgment is operative.

36.
(1) A judgment of an adjudication board shall specify the term during which the judgment is to remain in effect and be operative, and in making its determination as to that term, the adjudication board shall take into account

(a)
where an earlier judgment applicable to the unit is in force, the term of that judgment; and

(b)
where an earlier judgment applicable to the unit is not in force, the term of

(i)
a previous collective agreement that applied to the unit, or

(ii)
another collective agreement or judgment that appears to the adjudication board to be relevant.

(2)
A judgment shall exist for a period of not less than 1 year, unless the adjudication board, after considering the matters provided for in paragraphs (1)(a) and (b), specifies a shorter period in the judgment.

37.
Unless otherwise prohibited by law, a judgment shall be implemented by the employer, the bargaining agent and each employee in the unit affected by it within a period of 90 days from the date on which it becomes effective or within a longer period that the adjudication board may, on the application of either party, consider reasonable, but a provision in a judgment relating to wages or salaries of employees in the unit shall be given effect from the effective date of the judgment, notwithstanding delay in implementation as permitted by this section.

38.
(1) A collective agreement may provide for the date from which and for what term it is to have effect, and, in the absence of such a provision, or if provided to be for a term of less than 1 year, be considered to be for a term of 1 year from the date upon which it comes into effect.

(2)
Nothing in subsection (1) shall be construed to prevent the amendment or revision of a provision of a collective agreement.

(3)
A collective agreement made under this Act is binding on and shall be implemented by the bargaining agent and employer, as parties to it, and the employees in the unit affected by it and remain in effect for the period provided for in subsection (1), or until replaced by another collective agreement or a judgment, whichever is the longer.

(4)
Notwithstanding subsection (3), either party to a collective agreement or affected by a judgment may proceed in the manner provided in section 14 for renewal or revision of the collective agreement, or conclusion of a new collective agreement, on the expiration of the collective agreement, or the term of the judgment.

(5)
Notwithstanding subsection (1) or (3), where both parties agree in writing, either party may during the period of existence of a collective agreement or the term of a judgment proceed in the manner provided in subsection 14(1) for the renewal or revision of a collective agreement or the conclusion of a new collective agreement to take effect before the expiration of the period or term, but not retroactively from the effective date of a collective agreement concluded as a consequence of collective bargaining.

39.
(1) A collective agreement which does not contain provisions for final settlement, by arbitration or otherwise, of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, where those differences arise out of the interpretation, application, administration or alleged violation of the collective agreement, including a question as to whether a matter is arbitrable, shall be considered to contain those provisions set out in subsection 86(2) of the Labour Relations Act,
but the reference in that subsection to the Minister of Employment and Labour Relations shall, for the purposes of this section, be a reference to the chairperson.

(2)
Where, following representations to the board by a party to a collective agreement that provisions contained or considered to be contained in the collective agreement for final settlement of a difference are inadequate, the chairperson shall, where the board is of the opinion that the provision is inadequate, prescribe the procedure to be followed for the final settlement of that difference, and that procedure shall be substituted for the provisions contained or considered to be contained in the collective agreement.

40.
(1) The decision of a majority of the members of an arbitration board is an award of that board, and where there is no majority decision, the decision of the chairperson is the award of that board.

(2)
An award shall be signed by the chairperson of the arbitration board making the award.

(3)
Every party to and every person bound by a collective agreement shall be bound by and comply with

(a)
a provision for final settlement of a difference contained, or considered to be contained in the agreement; and

(b)
an award made with respect to the agreement.

(4)
An arbitration board shall not make an award which would amend or change a collective agreement, a judgment or an earlier award.

(5)
A dispute or difference shall not be referred to arbitration until all procedures set out in a collective agreement for the presentation of the dispute or difference are complied with.

(6)
Where an arbitration board determines that an employee has been discharged or disciplined by an employer for cause, it may, except where the penalty is prescribed in the collective agreement that is binding upon the employee and the employer, review and modify the penalty imposed by the employer and, in the case of the discharge of the employee, substitute another penalty that to it seems just and reasonable in the circumstances.

41.
Where a bargaining agent, employee, employee organization, employer or other person has failed to comply with a term of a decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act, a person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file with the Trial Division a copy of the decision, exclusive of the reasons for the decision, and the decision shall be entered in the same way as a judgment of or order of that court and is enforceable as an order of the court.

43.
(1) An employee in a bargaining unit who claims to be aggrieved because his or her bargaining agent has acted in a manner that is arbitrary or discriminatory or in bad faith in the handling of a grievance that he or she has filed or attempted to file with that bargaining agent in accordance with a procedure that has been established by the bargaining agent may make a written complaint to the board.

(2)
A complaint made under subsection (1) shall be made within 90 days from the date on which the complainant knew or, in the opinion of the board, ought to have known, of the action or circumstances, giving rise to the complaint.

(3)
The board shall investigate a complaint made to it under subsection (1) and determine whether the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith.

(4)
A provision in this Act or a collective agreement that limits the time in which a grievance or arbitration proceeding shall begin or a decision made does not apply where a matter is referred to the board under this section.

(5)
Where, on investigation of a complaint in accordance with subsection (3), the board finds that the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith, the board shall direct that bargaining agent to take those steps that the board thinks appropriate in the circumstances.

(6)
Where a collective agreement expires before a complaint is made to the board under subsection (1), or where a collective agreement expires before the board completes its investigation, the board may order the bargaining agent to compensate the employee to a reasonable extent that the board may prescribe.

43.2
(1) Where a complaint is made to the board under section 43.1, the chief executive officer of the board may serve a notice of the complaint on the person against whom the complaint is made, and the chairperson may appoint an officer to inquire into the complaint and try to effect a settlement.

(2)
Where the chairperson does not appoint an officer under subsection (1) or where the officer is unable to effect a settlement within the period that the chairperson thinks reasonable in the circumstances, the board may inquire into the complaint.

(3)
The board may refuse to inquire into a complaint in respect of a matter that, in the opinion of the board, could be referred by the complainant to an arbitrator, arbitration board or other body under a collective agreement.

(4)
Where, in the opinion of the board, a complaint is without merit, the board may reject the complaint.

(5)
Where the board is satisfied after an inquiry that an employer, employee organization, employee or other person has failed to comply with paragraph 43.1(a) or (b), the board

(a)
shall issue a directive to the employer, employee organization, employee or other person concerned to do or stop doing the act in respect of which the complaint was made; and

(b)
may, in the same or a later directive, require the employer, employee organization, employee or other person concerned, as the circumstances may require,

(i)
to reinstate an employee suspended or discharged contrary to those provisions,

(ii)
to pay to an employee or former employee suspended or discharged contrary to those provisions compensation not exceeding the amount that, in the opinion of the board, would have been paid by the employer to the employee,

(iii)
to rescind a disciplinary action or monetary or other penalty taken or imposed contrary to those provisions,

(iv)
to pay a person compensation not exceeding the amount that in the opinion of the board is equivalent to the monetary or other penalty imposed on a person contrary to those provisions, or

(v)
to pay to an employee in respect of a failure to comply with the provisions referred to in paragraph 43.1(a) compensation not exceeding the amount that, in the opinion of the board, is equivalent to the remuneration that would have been paid to the employee by the employer if the employer had complied with the provision referred to in paragraph 43.1(a).

(6)
Where the board is satisfied after an inquiry that an employer, employee organization, employee or other person has failed to comply with paragraph 43.1(c) the board

(a)
shall issue a directive to the employer, employee organization, employee or other person concerned to do or stop doing the act in respect of which the complaint was made; and

(b)
may, in the same or a later directive, require the employer, employee organization, employee or other person concerned, as the circumstances may require, to do any act or thing which the board considers necessary and which is appropriate in the circumstances.

44.
(1) Where an employer sells, leases, transfers or otherwise disposes of, or agrees to sell, lease, transfer or otherwise dispose of, his or her business or the operations of the business or a part of either of them, and

(a)
the employer or the purchaser, lessee, transferee or person otherwise acquiring the business is a party to or is bound by a collective agreement with a bargaining agent on behalf of employees affected by the sale, lease, transfer, disposition by other means or contract;

(b)
1 or more bargaining agents have been certified as bargaining agent for those employees;

(c)
one or more employee organizations has applied to be certified as a bargaining agent for those employees; or

(d)
1 or more bargaining agents have given or are entitled to give notice under section 13 or 14 with respect to those employees,

then, unless the board otherwise directs, the collective agreement, certification, application, notice or entitlement to give notice continues in force and is binding upon the purchaser, lessee, transferee or person otherwise acquiring the business.

(2)
An employer, purchaser, lessee, transferee or a bargaining agent, employee organization or other person referred to in subsection (1) may apply to the board for the resolution of a question or problem that as a result of the sale, lease, transfer or disposition has arisen or may arise with respect to a collective agreement, certification, application, notice or entitlement to give notice.

(3)
Where an application is made under subsection (2), the board shall, by order, make whatever award, give whatever direction or take other action that in its discretion the board considers appropriate to resolve a relevant question or problem and may in that or a subsequent order

(a)
modify or rescind to the extent that the board considers necessary or appropriate a collective agreement;

(b)
amend or revoke a certification or amend an application for certification;

(c)
modify or restrict the operation of a notice or entitlement to give notice;

(e)
where more than 1 collective agreement is to continue in force, designate the employees that are to be covered by each agreement;

(f)
modify or restrict the operation or effect of a provision of a collective agreement and define the rights with respect to it of employees affected by the sale, lease, transfer or disposition by other means;

(g)
declare which employee organization shall be the bargaining agent for the employees; and

(h)
interpret a provision of a collective agreement.

(4)
A purchaser, lessee, transferee or person otherwise acquiring the business shall not be required to bargain with a bargaining agent with respect to employees to whom an application made under subsection (2) relates, until the board has disposed of that application.

(5)
Where an application is made under subsection (2), the board may make an examination of records or other inquiries, and may hold hearings and take representation votes that it considers necessary and prescribe the nature of evidence to be provided to the board.

45.
(1) Where, in a proceeding before the board, or under an application made to it, a question arises under this Act as to whether

(a)
a person is an employee;

(b)
an organization or association is an employee organization;

(c)
a collective agreement has been entered into, and the persons who are parties to or are bound by a collective agreement or on whose behalf the collective agreement was entered into;

(d)
a collective agreement is by its terms in effect; or

(e)
a person is a member in good standing of an employee organization,

the board shall decide the question and its decision is final and binding.

(2)
A decision or order of the board made under this Act is not open to review or question, but the board may, where it considers it advisable to do so, reconsider a decision or order made by it under this Act and may vary or revoke a decision or order so made by it.

(3)
Where a bargaining agent, employee, employee organization, employer or other person has failed to comply with an order or decision of the board, or a panel, a person or organization affected by that failure may, after 14 days from the date on which the order or decision was made or the date provided in it for compliance, whichever date is the later, file a copy of the order or decision, exclusive of the reasons for it, with the Trial Division.

(4)
Where an order or decision of the board, or a panel is filed with the Trial Division under subsection (3), that order or decision is enforceable as a judgment or order of that court.

(b)
under a collective agreement or judgment concluded or made under this Act,

shall be paid by the Minister of Finance out of the Consolidated Revenue Fund.

(2)
Where an employer is unable to implement a collective agreement or judgment because of being prohibited by law from doing so, the employer shall use its best efforts to introduce and support as a government measure legislation designed to implement and give effect to those provisions.

(a)
prescribing the time within which anything authorized by this Act shall be done;

(b)
regulating the form and contents of notices by employers or bargaining agents to start collective bargaining;

(c)
regulating the manner by which requests are made by employers or bargaining agents for appointment of conciliation officers or conciliation boards; and

(d)
generally, to give effect to the purpose of this Act.

(2)
Regulations made under the Labour Relations Act
governing a matter or thing for which power to make regulations is conferred under subsection (1) shall be considered to have been made under that subsection, and shall apply, with the necessary changes, for the purposes of this Act as they apply for the purposes of that Act.

48.
Section 9, subsection 10(3), sections 16, 22, 88(1), 145, 146, 148 and 151 of the Labour Relations Act
apply for the purposes of this Act as they apply for the purposes of that Act, but the reference in sections 145 and 146 to an Industrial Inquiry Commission shall have no effect.

49.
(1) An employer, bargaining agent, employee organization or person doing anything prohibited by this Act or refusing or neglecting to do anything required by this Act to be done by the employer, bargaining agent, employee organization or person is guilty of an offence and is liable upon summary conviction

(a)
if a natural person, to a fine not exceeding $200; or

(b)
in another case, to a fine not exceeding $1,000, and

a director, manager or officer of an employer, bargaining agent or employee organization, or representative of an employer, bargaining agent or employee organization who instructs, authorizes or permits the commission of an offence under this section is also guilty of an offence and is liable upon summary conviction to the fine specified in paragraph (a) of this subsection.

(2)
The continuance for each day or part of a day of an offence under this section constitutes a separate offence.

(3)
A charge or complaint in respect of a contravention of this Act may be for 1 or more offences and a charge, complaint, warrant, conviction or other proceedings in a prosecution is not objectionable or insufficient because of the fact that it relates to 2 or more offences.

50.
(1) Notwithstanding a law or practice to the contrary, an employer shall honour a written assignment of wages by an employee to an employee organization that is a bargaining agent, but only to the extent of the amount due by the employee to the employee organization for fees and dues payable as a result of membership in the organization by the employee.

(2)
Unless the assignment is revoked in writing by the employee and delivered to the employer, the employer shall remit the fees and dues deducted to the assignee named in the assignment at least once each month together with a written statement of the names of the employees for whom the deductions were made and the amount of each deduction.

(3)
Where an assignment is revoked, the employer shall give notice of the revocation to the assignee.

(4)
There shall be no financial responsibility on the part of an employer for fees or dues of an employee unless there are sufficient unpaid wages of that employee in the hands of the employer.